The constitutional amendment that upholds “ Roe V. Wade ” is the 14th Amendment .
Section Three of the 14th Amendment ensures that arbitrary deprivation of “life, liberty, or property” by the government except as authorized by law cannot happen.
It also ensures a right to privacy in order to make your own decisions and govern your own life.
This is called “Due Process” under the Amendment and is meant to imply the same words as “law of the land” in Magna Carta.
In other words, this Clause makes permanent the fact that every American has a right of privacy and discretion over her own body, and what she does with it. An American citizen cannot be legally told what to with her own body except under certain circumstances.
Based on the Supreme Court ruling, interpretation of this Due Process Clause, in January 1973, under a majority decision, “Roe V. Wade” was upheld. After over 50 years, after numerous attempts to overthrow it, it is what is called “settled law”. “Settled law” is accepted by all, and never challenged. Except now.
If Roe v. Wade is overturned, the legality of abortion will return to each state to determine. 26 of them have already in place what are called “trigger laws” expected to immediately ban or restrict abortion.
Because of the Due Process Clause, the striking down of Roe v. Wade could also impact on same sex marriage. Also on marriage between a person of European descent and one of African, Asian, or indigenous descent.
In other words, each state can decide if a woman can have an abortion; if a same sex couple can marry; if a person of non-European ethnicity can marry one of European ethnicity, and that some civil rights laws can be overturned state by state.
This Supreme Court decision, if final, must not stand.
